Key Facts
- •Afewerki Musse, an Eritrean national, pleaded guilty to attempting to arrive in the UK without valid entry clearance.
- •He was intercepted in the English Channel on a boat and subsequently arrested.
- •He had a criminal record in Belgium, including drug offenses and attempted manslaughter.
- •The Crown Court sentenced him to 20 months' imprisonment.
- •The appeal concerned the excessiveness of the sentence.
Legal Principles
Sentencing for attempting to arrive in the UK without valid entry clearance.
R v Ginar [2023] EWCA Crim 1121; [2024] 1 WLR 1264
Relevant factors in determining culpability and harm in such offenses (e.g., involvement in vessel operation, involvement of others, intent to engage in criminal activity in the UK).
R v Ginar [2023] EWCA Crim 1121; [2024] 1 WLR 1264
Aggravating factors (previous convictions, high level of planning, history of unsuccessful applications).
R v Ginar [2023] EWCA Crim 1121; [2024] 1 WLR 1264
Mitigating factors (absence of recent convictions, personal mitigation).
R v Ginar [2023] EWCA Crim 1121; [2024] 1 WLR 1264
Deterrence is rarely a relevant sentencing factor in cases of illegal entry as passengers.
R v Ginar [2023] EWCA Crim 1121; [2024] 1 WLR 1264
Outcomes
The 20-month sentence was quashed.
The Court of Appeal found that the increase from the 12-month starting point recommended in Ginar was excessive, given the circumstances. The appellant's prior convictions, while relevant, did not justify a 250% increase.
A 12-month sentence was substituted.
This reflected an 18-month sentence after trial (following the guidance of Ginar) reduced by one-third to account for the guilty plea.